JAGAT NARAYAN, J.—This is an appeal by the defendants against an order of the District Judge, Bharatpur, remanding the suit under order 41 rule 23 C.P.C. after reversing the finding of the trial court on the question of limitation.

2. Govind plaintiff filed the present suit on 8-4-63 against the 4 defendants for the recovery of arrears of rent and for eviction on the grounds of default and personal necessity in respect of a building containing two shops and an upper storey. The building was originally owned by Ram Gopal father of Sitaram and Radhey Shyam defendants and grand-father of Kishori Shyam and Ram Babu defendants. Ram Gopal executed a sale-deed of this property in favour of Ratanlal on 30-1-1933. On the same date Ram Gopal executed a rent-note in favour of Ratanlal taking the property on lease for a period of 3 years. This rent-note was not registered. On 19-9-38 Ratanlal sold the building to Gyasi Ram father of the present plaintiff. The case in the plaint is that Ram Gopal used to pay rent to Ratanlal after he had sold the property to the latter, and to Gyasi Ram alter Ratanlal had sold it. It was alleged that rent was paid upto 30-11-60 regularly but that it was not paid

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